Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 2450, Apr. 18 | Printed Page 2470, Apr. 19 |

Printed Page 2460 . . . . . Tuesday, April 18, 1995

/(b) Affected property owners or other aggrieved parties have the same standing to appeal rights with respect to a decision by a member political subdivision pursuant to its ordinance adopting the uniform ordinances as property owners or aggrieved parties have in accordance with the appeal processes provided in Article 5, Chapter 29, Title 6./

Renumber sections to conform.

Amend title to conform.

Rep. CATO explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3915--OBJECTIONS

The following Bill was taken up.

H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING


Printed Page 2461 . . . . . Tuesday, April 18, 1995

TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.

Rep. ROBINSON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21669SD.95), which was tabled.

Amend the bill, as and if amended, in Section 59-103-45(3) of the 1976 Code, as contained in SECTION 2, by striking /review/ on line 40, page 3, and inserting /set/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

Rep. TOWNSEND spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. ROBINSON proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\21670SD.95), which was tabled.

Amend the bill, as and if amended, in Section 59-103-45 of the 1976 Code, as contained in SECTION 2 by adding a new item to be appropriately numbered immediately after item (3) to read:

/( ) establish the mission of each state-supported four-year or graduate institution of higher learning./

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

Rep. TOWNSEND moved to table the amendment, which was agreed to.

Rep. ROBINSON proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\GJK\21668SD.95), which was tabled.

Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:


Printed Page 2462 . . . . . Tuesday, April 18, 1995

/SECTION . The 1976 Code is amended by adding:

"Section 59-101-346. Notwithstanding any other provision of law, only those members of the governing board of a state-supported college or university who have been elected by the General Assembly may vote on any budgetary matter before the board, including the determination of tuition, which affects the expenditure of or the requirements for state-appropriated funds."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

Rep. SCOTT moved to table the amendment, which was agreed to.

Rep. ROBINSON proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\GJK\21667SD.95), which was tabled.

Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:

/SECTION . The 1976 Code is amended by adding:

"Section 59-101-345. Notwithstanding any other provision of law, only those members of the governing board of a state-supported college or university who have been elected by the General Assembly may serve as an officer of such board."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

Rep. SIMRILL moved to table the amendment, which was agreed to.

Rep. ROBINSON proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\GJK\21666SD.95), which was tabled.

Amend the bill, as and if amended, in Section 59-103-10 of the 1976 Code, as contained in SECTION 1, by inserting immediately after /commission./ on line 23, page 2, /Any ex officio members of the commission from public senior or four-year institutions of higher learning must be members of their respective board who are elected by the General Assembly./

Renumber sections to conform.

Amend totals and title to conform.


Printed Page 2463 . . . . . Tuesday, April 18, 1995

Rep. ROBINSON explained the amendment.

Rep. TOWNSEND moved to table the amendment, which was agreed to.

Rep. ROBINSON proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\GJK\21689SD.95), which was tabled.

Amend the bill, as and if amended, in Section 59-103-10 of the 1976 Code, as contained in SECTION 1, by inserting immediately /State/ on line 34, page 2, /, and no employee of a public or private institution of higher learning of this State may serve as an ex officio member of the commission/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

Rep. TOWNSEND moved to table the amendment, which was agreed to by a division vote of 48 to 33.

Reps. TOWNSEND, SHARPE, ALLISON, WRIGHT and WILKINS proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\GJK\21736SD.95).

Amend the bill, as and if amended, in Section 59-103-10 of the 1976 Code, as contained in SECTION 1, by striking the second sentence of the section and inserting:

/Two members must be appointed by the Governor from each congressional district, with one such member from each congressional district being appointed by the Governor in his sole discretion and with one such member from each congressional district being appointed by the Governor upon the recommendation of the majority of the legislative delegation members from the district./

Renumber sections to conform.

Amend totals and title to conform.

Rep. TOWNSEND explained the amendment.

Rep. McTEER moved to table the amendment, which was not agreed to by a division vote of 37 to 45.

Reps. McTEER, CANTY, SCOTT, NEAL, MOODY-LAWRENCE, ROGERS, ASKINS, KEYSERLING, LLOYD and CAVE objected to the Bill.


Printed Page 2464 . . . . . Tuesday, April 18, 1995

Rep. J. BROWN moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 12:55 P.M. the House in accordance with the motion of Rep. SCOTT adjourned in memory of Quincey Brooker of Columbia, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 2465 . . . . . Wednesday, April 19, 1995

Wednesday, April 19, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Eternal God, with a profound sense of Your majesty and mercy, we approach Your throne of grace to pledge our allegiance to Your divine will. Grant that in the hushed and holy moment of this prayer, we may find our hearts and minds quickened and strengthened for the duties and responsibilities of this day in the great adventure of faith in God. Teach us to live in confidence and calmness, in patience and perseverance, trusting always in Your guidance. Enrich our lives with charity and good will which never fails, forgets or forsakes.

We make our prayer to our God Who is the same yesterday, today and always. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. HASKINS moved that when the House adjourns, it adjourn in memory of Helen G. Felder of St. Matthews, which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1861
Promulgated By Board of Education
Invalidation of Credentials (Repeal)
Received By Speaker April 13, 1995
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date March 19, 1996


Printed Page 2466 . . . . . Wednesday, April 19, 1995

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1801
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Municipal Solid Waste Processing Facilities
Received by Speaker January 16, 1995
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 16, 1995
Revised Expiration Date May 21, 1995
Committee Request Withdrawal April 14, 1995
Withdrawn and Resubmitted April 18, 1995

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3361:
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference (H. 3361) having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
President

Received as information.


Printed Page 2467 . . . . . Wednesday, April 19, 1995

S. 662--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., April 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon the amendments proposed by the Senate and it has appointed Senators Passailaigue, McConnell and Washington of the Committee of Conference on the part of the Senate on S. 662:
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Very respectfully,
President

Whereupon, the Chair appointed Reps. FULMER, A. YOUNG and LAW to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

R. 22, S. 294--GOVERNOR'S VETO RECEIVED

MESSAGE FROM THE SENATE

Columbia, S.C., April 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 22, S. 294 by a vote of 43 to 0.
(R22) S. 294 -- Senator Land: AN ACT TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.
Very respectfully,
President


Printed Page 2468 . . . . . Wednesday, April 19, 1995

The Speaker ordered the message printed in the Journal.

REPORTS OF STANDING COMMITTEES

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3652 -- Reps. Keegan, Meacham, A. Young, Cobb-Hunter, Wofford, Bailey, Delleney, Worley, Whatley, Kelley, Thomas, Gamble, Koon, Seithel, Wells, Huff, Witherspoon, Riser, Martin, Spearman, McTeer and Fulmer: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3676 -- Reps. Trotter, Meacham, Hutson, P. Harris, L. Whipper, Cooper, Townsend, Simrill, Tripp, Cain, Hines, S. Whipper, Neilson, Kirsh, Limehouse, Anderson, Robinson, Breeland, Rice, Chamblee, Marchbanks, Easterday, Stoddard, Waldrop, Spearman and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO REVISE CIRCUMSTANCES IN SCHOOL SETTINGS UNDER WHICH A SEALANT MAY BE APPLIED AND A PROPHYLAXIS PERFORMED BY A DENTAL HYGIENIST.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3711 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-105 SO AS TO AUTHORIZE, UPON CERTIFICATION AND SUPERVISION,


Printed Page 2469 . . . . . Wednesday, April 19, 1995

DENTAL HYGIENISTS AND EXPANDED DUTY DENTAL ASSISTANTS TO MONITOR NITROUS OXIDE ANESTHESIA.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3712 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO PROVIDE THAT UPON CERTIFICATION AND UNDER THE SUPERVISION OF A DENTIST A DENTAL HYGIENIST MAY ADMINISTER INFILTRATION ANESTHESIA.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: A BILL TO AMEND TITLE 40, CHAPTER 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE PRACTICE ACT SO AS TO CREATE THE BOARD OF MASSAGE AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH LICENSURE AND RENEWAL REQUIREMENTS FOR MASSAGE THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3123 -- Reps. R. Smith and Kelley: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH


Printed Page 2470 . . . . . Wednesday, April 19, 1995

CAROLINA, 1976, RELATING TO THE CONFISCATION OF MOTOR VEHICLE REGISTRATION CERTIFICATES AND LICENSE PLATES, SO AS TO DELETE CERTAIN PROVISIONS REGARDING THE CONFISCATION OF MOTOR VEHICLE REGISTRATION CERTIFICATES AND PLATES AND PROVISIONS REGARDING THE REINSTATEMENT FEE, THE PER DIEM FINE, AND OTHER MONETARY PENALTIES; AND TO REPEAL SECTIONS 38-77-175 AND 56-7-12, RELATING TO VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE UPON THE ISSUANCE OF A TRAFFIC TICKET.

Ordered for consideration tomorrow.


| Printed Page 2450, Apr. 18 | Printed Page 2470, Apr. 19 |

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